ORDER : This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 11.9.2013 (Annexure P/18) passed by respondent No.3/Assistant General Manager (HR, NTPC, whereby the petitioner has been denied appointment on the post of Artisan Trainee. 2. Brief facts of the case, as mentioned in the writ petition, are that the petitioner’s father is the recorded owner of land bearing Khasra No.132/2, area 1.136 hectare, situated at Village-Davandih, R.I.C. Sipat, Tahsil-Masturi, Distt. Bilaspur, CG, out of which 1.19 acres of land was acquired by respondent No.4 for construction of Thermal Power Plant. As per Rehabilitation Scheme/Rehabilitation Action Plan (RAP), the petitioner was selected for appointment on the post of Artisan Trainee, for which he took training of Fitter at Industrial Training Institute. Thereafter, the petitioner submitted guarantee papers and participated in the interview. However, during medical examination, he was found to have some problem in his kidney and was advised by the respondent authorities to take treatment for the same. His mother donated her kidney and accordingly transplantation of the petitioner’s kidney was done. The concerned doctor issued fitness certificate in favour of the petitioner. Thereafter, the petitioner approached the respondent authorities for giving him joining on the post of Artisan Trainee but they did not allow his joining despite repeated requests. Hence the petitioner filed an application before the Sub Divisional Officer (Revenue), Masturi who also sent a letter to the respondent authorities to give joining to the petitioner on the post of Artisan Trainee but they neither give him joining nor did respond to the said letter. Subsequently, the petitioner sent a legal notice to the respondent authorities through his counsel for giving him joining but it also went in vain. 3. The petitioner then filed a writ petition i.e. WPS No.2327/2013 before this Court and vide order dated 7.8.2013 the petition was disposed of with a direction to the respondent No.2 to decide the petitioner’s case keeping in mind that he is a land oustee and has been provided with training in order to provide him employment as a measure of compensation to earn his livelihood. However, vide impugned order dated 11.9.2013 respondent No.3 cancelled the offer of appointment of the petitioner on the ground of petitioner being not qualified as per medical norms of NTPC but no such medical document was provided to the petitioner. However, vide impugned order dated 11.9.2013 respondent No.3 cancelled the offer of appointment of the petitioner on the ground of petitioner being not qualified as per medical norms of NTPC but no such medical document was provided to the petitioner. Therefore, under Right to Information Act, the petitioner sought supply of his medical report. However, vide memo dated 6.11.2013 the CPIO of NTPC informed that the information sought for is related to third party, therefore, it is bar under Section 8(1)(j) of the Right to Information Act. Hence this petition for the following relief : “10.1. That, this Hon’ble Court may kindly be pleased to set aside/quash the impugned order dated 11.09.2013 and further be pleased to direct the respondents to give joining to the petitioner under N.T.P.C. on the post of Artisan Trainee, as per appointment letter. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 4. Learned counsel for the petitioner submits that the impugned order dated 11.9.2013 is bad in law, unwarranted, unconstitutional and hit by the postulates of Article 14 of the Constitution of India. A bare perusal of the impugned order shows that the petitioner’s appointment offer has been cancelled without proper application of mind as there is no medical report declaring him unfit to work in the plant area. Even the alleged medical report dated 2.11.2012 has not been supplied to the petitioner till date under RTI on the pretext of it being a third party information and as such, this information cannot be supplied to him by virtue of Section 8(1)(j) of the RTI Act. The petitioner who is a land oustee has successfully completed the required training and therefore, he is entitled to be appointed under NTPC organization as per the rehabilitation scheme. The other land oustees have already been provided employment under the said scheme by NTPC whereas the petitioner is denied the same. It is submitted that earlier the respondent authorities had given appointment letter to the petitioner after successful completion of ITI training and other formalities but due to problem in his kidney being detected during medical check up, they denied his joining and advised to quite the disease after proper treatment. It is submitted that earlier the respondent authorities had given appointment letter to the petitioner after successful completion of ITI training and other formalities but due to problem in his kidney being detected during medical check up, they denied his joining and advised to quite the disease after proper treatment. Accordingly, the petitioner underwent treatment at Apollo Hospital after spending huge money and his mother donated him her kidney which was successfully transplanted. Though the concerned doctor issued a fitness certificate in favour of the petitioner but the respondent authorities declaring him medically unfit again denied his joining and cancelled the offer of appointment. 5. On the other hand, learned counsel for the respondents strongly oppose the prayer of the petitioner and submit that NTPC is a company registered under the Companies Act and a Government of India enterprise having its registered office at NTPC Bhawan, Scope Complex, 7-Institutional Area, Lodhi Road, New Delhi. The process of establishment of Sipat Super Thermal Power Project, a unit of NTPC, started in the year 1998. For the said establishment, on 6.11.1998 a notification under Section 4(1) of the Land Acquisition Act, 1894 was published by the Land Acquisition Officer for acquisition of land required for NTPC, STPP. After several deliberations and series of meetings of the committees constituted by the Collector, Bilaspur, the RAP for NTPC, Sipat was finalized and approved by the Collector, Bilaspur on 5.8.2000. RAP was broadly based on NTPC R&R Policy of May, 1993 (which is approved by the Govt. Of India), Socio Economic Survey, the outcome of aspirations of the Village Level Committee (VDAC) and the Committee constituted by the Collector, Bilaspur. On the basis of provisions of approved RAP in furtherance to the land acquisition, R&R and community development work was undertaken and the same was reviewed by District Administration/Revenue Authorities from time to time. The final review of Rehabilitation was reviewed by the District Collector and it has been recorded in the minutes of the meeting dated 26.2.2007 by the Collector that all the PAPs were extended Rehabilitation Assistance as per RAP except few cases beyond control of NTPC (family dispute/not traceable etc.). In the case of the petitioner, the total land admeasuring 1.19 acres bearing Khasra No.132/2 situated at Village-Davandih was acquired from the petitioner and in lieu of said acquisition, compensation of Rs.2,67,264/- and rehabilitation amount of Rs.49,750/- was paid to the petitioner. In the case of the petitioner, the total land admeasuring 1.19 acres bearing Khasra No.132/2 situated at Village-Davandih was acquired from the petitioner and in lieu of said acquisition, compensation of Rs.2,67,264/- and rehabilitation amount of Rs.49,750/- was paid to the petitioner. At the time of acquisition of land, the petitioner had entered into an agreement with NTPC on 18.3.2004 on a non-judicial stamp paper (Annexure R-2/1) agreeing that he has opted the land for land option of the approved RAP and accordingly, he had received compensation of Rs.2,67,264/- and rehabilitation amount of Rs.49,750/-. Utilizing the compensation and rehabilitation assistance, the petitioner purchased land admeasuring 2.00 acres and on submission of proof of land purchase with self declaration to that effect, he was also further paid as per RAP an amount of Rs.28,301/- as land registration and development assistance for the land acquisition in Village-Davandih. 6. As per the agreement dated 18.3.2004 and the RAP approved by the district administration, the petitioner agreed that the rehabilitation amount is in full and final settlement of all the provisions of rehabilitation as mentioned in the RAP and that he shall henceforth not make any claim regarding rehabilitation from NTPC. So, the petitioner as well as his family members are now estopped from claiming any compensation and right in lieu of acquisition of their land and they cannot claim employment in NTPC as a matter of right. For direct employment in NTPC in the unskilled category only PAPs would be considered. In the skilled category, preference would be given to them. In both the categories, employment shall be subject to eligibility as per NTPC’s R&R policy, availability of vacancies, NTPC’s recruitment policy and Government’s policy on reservation. In the year 2008, it was agreed by the State Government, land losers and NTPC to recruit non-executive posts both skilled and unskilled from PAPs. A meeting was held before the Hon’ble Chief Minister of Chhattisgarh in February, 2008 which was followed by a tripartite meeting on 21.2.2008 chaired by Collector, Bilaspur in which public representatives including MLA, Beltara and MLA, Masturi participated. Based on the decision of the tripartite meeting, name of the posts, qualification required and number of posts to be filled up by PAPs and their nominees were decided. Accordingly, as per the said decision, priority list of eligible PAPs and their nominees for consideration for employment was provided by the District Administration. Based on the decision of the tripartite meeting, name of the posts, qualification required and number of posts to be filled up by PAPs and their nominees were decided. Accordingly, as per the said decision, priority list of eligible PAPs and their nominees for consideration for employment was provided by the District Administration. As per the priority list, the respondent/NTPC, Sipat, STPP is recruiting PAPs for the identified posts in association with District Administration. 7. Pursuant to the RAP and the decisions taken in the tripartite meeting held in 2008, the name of the petitioner was sponsored by NTPC, Sipat for pursuing ITI in Fitter Trade at Govt. ITI, Koni, Bilaspur in the first batch in February, 2008. On successful completion of ITI (Fitter) degree, the petitioner was allowed to participate in the written test and interview on 29th January, 2011. The petitioner passed the selection test, hence offer of appointment for the post of Artisan Trainee on 12th February, 2011 was issued to him and he was instructed to join duties by 26th February, 2011 only after being declared medically fit as per norms of the organization, in the pre-employment medical test being conducted at NTPC Sipat Hospital. The petitioner was declared temporary unfit (due to chronic medical kidney disease) by the NTPC Medical Board on 11.3.2011 which conducted pre-employment medical examination and advised to re-appear before the Medical Board at a later date. However, the petitioner did not present himself for re-examination. Subsequently, the petitioner submitted an application on 6.10.2012 for reconsideration informing that he has undergone kidney transplant along with a medical fitness certificate of his consulting medical practitioner to the effec that “now he requires follow-up monthly. He is fit for duty and is healthy. He is advised to work in clean atmosphere.”. Accordingly, the petitioner was once again sent for pre-employment medical re-examination on first appointment before the Medical Board of NTPC for ascertaining his suitability for joining duties. The Medical Board of NTPC, Sipta Hospital concluded on 2.11.2012 that the petitioner is unfit as per NTPC medical norms to join duties on first appointment. On the basis of finding of the medical board, the petitioner was not allowed to join services of NTPC, Sipat as Artisan Trainee. The Medical Board of NTPC, Sipta Hospital concluded on 2.11.2012 that the petitioner is unfit as per NTPC medical norms to join duties on first appointment. On the basis of finding of the medical board, the petitioner was not allowed to join services of NTPC, Sipat as Artisan Trainee. Therefore, looking to the health condition of the petitioner, allowing him to join duties against the advice of the Medical Board would not only negatively impact the physical health of the petitioner in future but also most importantly set a wrong precedent for a public sector undertaking to ignore the recommendations of the Medical Board appointed specifically for the purpose of ascertaining the medical fitness of candidates under consideration of employment in accordance with the recruitment policy of the company. Hence, this petition being without any substance is liable to be dismissed. Reliance has been placed on the decision of the Hon’ble Apex Court in the matter of Punjab State Electricity Board and others Vs. Malkiat Singh, (2005) 9 SCC 22 . 8. Learned counsel for respondent No.5/State has also opposed the prayer of the petitioner and submitted that State is a formal party in this case. No relief is claimed as against the State. The matter of appointment of the petitioner in NTPC and payment to him, is concerned with respondents No. 2 & 3 who are required to take necessary steps in this regard. 9. Heard learned counsel for the parties and perused the material available on record. 10. In this case, contention of the petitioner that he is a land oustee and was offered appointment in lieu of acquisition of his land, is admitted by the respondents. It is also admitted by the respondents that he was found unfit in medical test and again on his application he was advised to re-appear before the Medical Board of NTPC where after re-examination he was found medically unfit for joining duties at NTPC. 11. It is not disputed that in the previous round of litigation i.e. WPS No.2327/2013 this Court vide order dated 7.8.2013 observed in the operative paragraph as under : “The circumstances, in which the petitioner could not join, have been stated in the petition which relates to petitioner’s acute illness, kidney failure and followed by kidney transplantation. 11. It is not disputed that in the previous round of litigation i.e. WPS No.2327/2013 this Court vide order dated 7.8.2013 observed in the operative paragraph as under : “The circumstances, in which the petitioner could not join, have been stated in the petition which relates to petitioner’s acute illness, kidney failure and followed by kidney transplantation. These extraordinary circumstances require proper attendance of respondents No.1 to 3 and consider petitioner’s case keeping in mind that he is a land oustee and has been provided with training in order to provide him employment as a measure of compensation to earn his livelihood. A decision in the petitioner’s case should be taken and appropriate order be also passed within a period of 30 days from the date of receipt of copy of this order by respondent No.2.” 12. In compliance of the order of this Court, the respondents/NTPC have passed the impugned order on 11.9.2013, the operative part of which reads as under : “As mentioned above, the Office of Appointment dated 12/2/2011 was stand cancelled. However considering the fact that you being an PAP, you were allowed again for medical fitness test before the Medical Panel of NTPC Sipat Hospital on 2/11/2012 and you were declared “ Medically Unfit ”. More over as per certificate submitted by you, issued by Consultant Nephrologists, Apollo Hospital, Bilaspur where in it was certified that “He is now fit for duty and is healthy. He is advised to work in clean atmosphere.” However, you have been trained in ITI (Fitter trade) and was considered for Artisan Trainee (Fitter) and the job is in mainly plant area which will not be suitable for your health condition as suggested by Consultant Nephrologists, Apollo Hospital, Bilaspur.” 13. In view of above, there is no denying the fact that earlier this Court ordered respondents No. 1 to 3 to consider the petitioner’s case keeping in mind that he is a land oustee and has been provided with training in order to provide him employment as a measure of compensation to earn his livelihood and according to the respondents, the job of Artisan Trainee (Fitter) is mainly in plant area which will not be suitable for the petitioner looking to his health condition. However, given the facts and circumstances of the case, the respondent authorities ought to have considered the petitioner’s case for his employment at such a place in NTPC which does not have such health hazards like office work but no such step was taken by them and straight-way the petitioner’s offer of appointment was cancelled, which does not appear to be justified. 14. On the basis of aforesaid discussions, the writ petition is allowed and the respondent authorities are directed to consider the case of the petitioner for employment in NTPC, Sipat and provide him employment at the appropriate place as per his qualification, within a period of four months from the date of receipt of copy of this order.